Summary
holding that amendment substituting "Winn Dixie Raleigh, Inc." for "Winn Dixie Stores, Inc." was adding a new party and not correcting a misnomer when both were separate corporations
Summary of this case from Liss v. Seamark FoodsOpinion
No. 610A94
Filed 8 December 1995
Appeal by plaintiffs pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 117 N.C. App. 28, 450 S.E.2d 24 (1994), affirming the trial court's dismissal of plaintiff's action entered by Weeks, J., on 2 July 1993 in Superior Court, Wake County. On 9 February 1995, this Court allowed discretionary review of additional issues. Heard in the Supreme Court 16 November 1995.
Marvin Schiller and William E. Moore, Jr., for plaintiff-appellants.
Patterson, Dilthey, Clay Bryson, L.L.P., by G. Lawrence Reeves, Jr., for defendant-appellee.
The decision of the Court of Appeals is affirmed based on the authority of Crossman v. Moore, 341 N.C. 185, 450 S.E.2d 715 (1995).
AFFIRMED.
Justice Orr did not participate in the consideration or decision of this case.